N.Y. General Obligations Law § 18-303: Responsibilities of operators and visitors of agricultural tourism areas

§ 18-303. Responsibilities of operators and visitors of agricultural

tourism areas. 1. Operators of agricultural tourism areas shall have the

following additional responsibilities:

a. To post and maintain way finding signage to delineate the paths,

areas and buildings that are open to the public;

b. To adequately train employees who are actively involved in

agricultural tourism activities;

c. To post at every point of sale or distribution of tickets, whether

on or off the premises of the agricultural tourism area, a conspicuous

"Warning to Visitors" relative to the inherent risks of participating in

activities on working farms and to provide written information having

such text and graphics as the commissioner of agriculture and markets

shall specify, which shall conspicuously direct the attention of all

visitors to the required "Warning to Visitors";

d. To post at every point of sale or distribution of tickets at an

agricultural tourism area a conspicuous notice to visitors that pursuant

to this article such visitors have a responsibility to exercise

reasonable care regarding the disclosed risks of the agricultural

activity, and reasonably comply with posted way finding signs,

reasonably remain in areas designated for the agricultural tourism

activity, reasonably follow any and all written and conspicuously posted

rules of conduct provided by such operator to visitors or verbal or

other communication for persons with disabilities, and not to willfully

remove, deface, alter or otherwise damage signage, warning devices or

implements, or other safety devices;

e. To take reasonable care to prevent reasonably foreseeable risks to

visitors, consistent with the responsibility of a landowner to keep his

or her premises reasonably safe for intended and reasonably foreseeable

uses and users, and to post conspicuous notice to visitors of the right

to a refund to the purchaser in the amount paid in the initial sale of

any tickets returned to the operator of the agricultural tourism area,

intact and unused, upon declaration by such purchaser that he or she

believes that he or she is unprepared or that he or she is unwilling to

participate in the agricultural tourism activity due to the risks

inherent in the activities or the duties imposed upon him or her by this

section; and

f. Owners and operators of agricultural tourism areas shall not be

liable for an injury to or death of a visitor if the provisions of this

subdivision are complied with.

2. Visitors to agricultural tourism areas have the responsibility to

exercise reasonable care regarding the disclosed risks of the

agricultural activity and:

a. to reasonably comply with posted way finding signs and reasonably

remain in areas designated for the agricultural tourism activity;

b. to reasonably follow any and all written information or

conspicuously posted rules of conduct provided by such operator to

visitors, or verbal or other form of communication of rules of conduct

where needed for effective communication for people with disabilities;

and

c. not to willfully remove, deface, alter or otherwise damage signage,

warning devices or implements or other safety devices.